H.F. 2420 Section 1. SEXUAL ABUSE EVIDENCE COLLECTION KIT —— 1 INVENTORY. 2 1. As used in this section, unless the context otherwise 3 requires: 4 a. “Laboratory” means the state criminalistics laboratory 5 or similar qualified laboratory. 6 b. “Law enforcement agency” means any governmental agency 7 that investigates persons suspected of or charged with a 8 sex abuse crime. “Law enforcement agency” also includes 9 any governmental agency that collects, stores, processes, 10 transmits, or disseminates analysis of evidence collected in 11 connection with a sexual abuse related crime. 12 c. “Forensic medical examination” means a sexual abuse 13 examination by a health care provider for the purpose of 14 gathering and preserving evidence of sexual abuse. 15 d. “Sexual abuse evidence collection kit” means a sexual 16 abuse evidence collection kit that includes a human biological 17 specimen collected by a health care provider during a forensic 18 medical examination conducted pursuant to section 709.10, 19 subsection 1. 20 e. “Untested sexual abuse evidence collection kit” means 21 a sexual abuse evidence collection kit collected pursuant to 22 section 709.10 that has not been submitted to a laboratory for 23 either a serology or deoxyribonucleic acid test. 24 2. The department of justice shall conduct a survey of law 25 enforcement agencies charged with the maintenance, storage, 26 or preservation of untested sexual abuse evidence collection 27 kits. The survey shall contain the following requirements or 28 questions: 29 a. Does your agency presently store untested sexual abuse 30 evidence collection kits? 31 b. Where does your agency store untested sexual abuse 32 evidence collection kits? 33 c. Please inventory all untested sexual abuse evidence 34 collection kits, and identify any of the following that apply: 35 -1- LSB 1323HV (2) 86 jm/rj 1/ 4

H.F. 2420 (1) The unique identifier for the kit. 1 (2) The date the crime occurred. 2 (3) The date of examination and forensic collection. 3 (4) The reason for not submitting the kit to the laboratory 4 for analysis: 5 (a) The suspect has not been identified. 6 (b) The existence of doubt about the truthfulness of the 7 victim’s accusation. 8 (c) The case has been dismissed. 9 (d) The uncertainty about the usefulness of the forensic 10 evidence in the untested sexual abuse evidence collection kit. 11 (e) The suspect has been identified but not formally 12 charged. 13 (f) Insufficient funds for testing the sexual abuse 14 evidence collection kit. 15 (g) The victim did not file charges. 16 (h) Whether consent was an issue in the case. 17 (i) Perceived laboratory guidelines. 18 (j) Other reasons. 19 d. (1) In the inventory of your agency, how many untested 20 sexual abuse evidence collection kits contain collected 21 forensic evidence that have not been sent to a laboratory? 22 (2) In the inventory of your agency, how many untested 23 sexual abuse evidence collection kits are held for which the 24 crime was not reported to law enforcement, but the kit was 25 still delivered to your law enforcement agency for storage? 26 e. Under what circumstances is an untested sexual abuse 27 evidence collection kit destroyed or disposed of by the agency? 28 3. The law enforcement agency shall submit the answers to 29 the survey to the department of justice by January 1, 2017. 30 If a law enforcement agency does not possess any untested 31 sexual abuse evidence collection kits, the agency shall provide 32 written confirmation of such a fact to the department of 33 justice by January 1, 2017. 34 4. a. The department of justice shall compile the results 35 -2- LSB 1323HV (2) 86 jm/rj 2/ 4

H.F. 2420 of the survey and submit a written report to the general 1 assembly no later than March 15, 2017, detailing the results 2 of the survey. 3 b. The report shall also include the name and contact 4 information of each law enforcement agency that failed to 5 submit answers to the survey as required by subsection 3. 6 Sec. 2. IMPLEMENTATION OF ACT. Section 25B.2, subsection 7 3, shall not apply to this Act. 8 EXPLANATION 9 The inclusion of this explanation does not constitute agreement with 10 the explanation’s substance by the members of the general assembly. 11 This bill relates to untested sexual abuse evidence 12 collection kits stored at law enforcement agencies. 13 The bill requires the department of justice to conduct 14 a survey of law enforcement agencies charged with the 15 maintenance, storage, or preservation of untested sexual 16 abuse evidence collection kits. The bill specifies numerous 17 requirements and questions that are to be a part of the survey 18 sent to law enforcement agencies. 19 The bill requires a law enforcement agency to submit the 20 answers to the survey to the department of justice by January 21 1, 2017. If a law enforcement agency does not possess any 22 untested sexual abuse evidence collection kits, the agency 23 shall provide written confirmation of such a fact to the 24 department of justice by January 1, 2017. 25 The bill requires the department of justice to compile 26 the results of the survey and submit a written report to 27 the general assembly no later than March 15, 2017, detailing 28 the results of the survey. The bill requires the report to 29 also include the name and contact information of each law 30 enforcement agency that failed to submit answers to the survey. 31 The bill defines a “law enforcement agency” to mean any 32 governmental agency that investigates persons suspected of 33 or charged with a sex abuse crime, including any such agency 34 that collects, stores, processes, transmits, or disseminates 35 -3- LSB 1323HV (2) 86 jm/rj 3/ 4

H.F. 2420 analysis of evidence collected in a sexual abuse crime. 1 The bill may include a state mandate as defined in Code 2 section 25B.3. The bill makes inapplicable Code section 25B.2, 3 subsection 3, which would relieve a political subdivision from 4 complying with a state mandate if funding for the cost of 5 the state mandate is not provided or specified. Therefore, 6 political subdivisions are required to comply with any state 7 mandate included in the bill. 8 -4- LSB 1323HV (2) 86 jm/rj 4/ 4